{
  "section": "5100",
  "code": "California Civil Code",
  "law_code": "CIV",
  "citation": "California Civil Code § 5100",
  "heading": "Secret Ballot Elections; Application of Article",
  "heading_is_editorial": true,
  "effective": "2022-01-01",
  "amended_by": "AB 502 (2021) — Stats. 2021, Ch. 517, Sec. 1",
  "official_credit_line": "Amended by Stats. 2021, Ch. 517, Sec. 1. (AB 502) Effective January 1, 2022.",
  "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=5100.",
  "page_url": "https://quoroom.org/s5120",
  "verified": "two sources agree",
  "verification_note": "Text taken verbatim from the Legislative Counsel of California official code database (LAW_SECTION_TBL in pubinfo_2025.zip, the same data that backs leginfo.legislature.ca.gov) and independently compared word-by-word against california.public.law. The only differences were whitespace artifacts around hyperlinked section citations on public.law (e.g. \"Section 5105 .\"), not textual differences. The \"heading\" field is an editorial descriptive label written for this dataset; California Civil Code sections carry no official heading in the statutory text itself.",
  "sources": [
    {
      "url": "https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip",
      "accessed": "2026-10-10",
      "name": "leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL)",
      "note": "Authoritative. The leginfo.legislature.ca.gov HTML page for this section (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=5100.) returned HTTP 403 (Cloudflare bot challenge) on 2026-10-10; the official bulk download of the same database was used instead."
    },
    {
      "url": "https://california.public.law/codes/ca_civ_code_section_5100",
      "accessed": "2026-10-10",
      "name": "California Public Law (Public.Law)",
      "note": "Independent publisher. Edition shown: updated Jan. 1, 2022, matching the official credit line."
    }
  ],
  "subdivisions": [
    {
      "id": "a-1",
      "label": "(a)(1)",
      "text": "Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article.",
      "anchor": "https://quoroom.org/s5120#s5100-a-1"
    },
    {
      "id": "a-2",
      "label": "(a)(2)",
      "text": "An association shall hold an election for a seat on the board of directors in accordance with the procedures set forth in this article at the expiration of the corresponding director’s term and at least once every four years.",
      "anchor": "https://quoroom.org/s5120#s5100-a-2"
    },
    {
      "id": "b",
      "label": "(b)",
      "text": "This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article.",
      "anchor": "https://quoroom.org/s5120#s5100-b"
    },
    {
      "id": "c",
      "label": "(c)",
      "text": "The provisions of this article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents.",
      "anchor": "https://quoroom.org/s5120#s5100-c"
    },
    {
      "id": "d",
      "label": "(d)",
      "text": "The procedures set forth in this article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives.",
      "anchor": "https://quoroom.org/s5120#s5100-d"
    },
    {
      "id": "e",
      "label": "(e)",
      "text": "In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this article shall prevail.",
      "anchor": "https://quoroom.org/s5120#s5100-e"
    },
    {
      "id": "f",
      "label": "(f)",
      "text": "Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director.",
      "anchor": "https://quoroom.org/s5120#s5100-f"
    }
  ]
}
